HomeMy WebLinkAbout03-1359IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Plaintiff, )
)
)
)
)
)
)
Defendants. )
)
)
No. 0-,~ -- /-1~¢/
CONFESSION OF JUDGMENT
Pursuant to the authority granted in the Warrant of Attorney contained in the Guaranty, a
copy of which is attached as Exhibit "A" to the Complaint filed in this action; and the Note, a copy
of which is attached as Exhibit "B", the undersigned attorney hereby appears for Defendants and
confesses judgment in favor of Plaintiff, PNC BANK, NATIONAL ASSOCIATION, and against
Defendants, jointly and severally, as follows:
Principal Debt
Interest through 3/5/03
Late Charges
Attomey's Commission
Total
$ 49,815.23
1,603.34
202.15
5,162.07
$ 56,782.79
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff, NO. ~_~-
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
COMPLAINT IN CONFESSION OF
JUDGMENT
Filed on behalf of Plaintiff,
PNC Bank, National Association
Code:
Counsel of Record for This Party:
Donna M. Donaher, Esquire
Pa. I.D. #53165
BANK_FI:193886-1 000011-111726
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
IN THE COURT OF COMMON PLEAS OF
PNC BANK, NATIONAL ASSOCIATION,
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
)
)
)
Plaintiff, )
)
)
)
)
)
)
Defendants. )
CUMBERLAND COUNTY, PENNSYLVANIA
No. ¢)z,- /--~"~
Pittsburgh National Bank, by and through its counsel, Tucker Arensberg, P.C., and files this
Complaint confessing judgment in its favor, stating as follows:
1. Plaintiff, PNC BANK, NATIONAL ASSOCIATION, ("PNCB"), is a national banking
association organized and existing under the laws of the United States of America and a citizen of
Pennsylvania, with its main office located at Fifth Avenue and Wood Street, Pittsburgh,
Pennsylvania.
2. Defendants are Curtis E. Bowen and Karen J. Bowen whose last known address is
320 North 24th Street, Camp Hill, PA 17011.
3. Defendants, on July 29, 1999, executed a Commercial Guaranty ("Guaranty") and
thereby guaranteed prompt and punctual payment of the indebtedness due under a certain
Promissory Note ("Note") between PNCB and JK Miller Corporation dated July 29, 1999. True
and correct copies of the Guaranty and Note are attached hereto, incorporated herein and
labeled, respectively, Exhibits "A" and "B".
AND NOW, comes the Plaintiff, PNC BANK, NATIONAL ASSOCIATION, formerly
COMPLAINT IN CONFESSION OF JUDGMENT
4. By the Guaranty, Defendants, jointly and severally, promised to guarantee to pay
Plaintiff the principal sum of $100,000.00 together with interest thereon in the manner provided by
the Note.
5.
6.
There has been no assignment of the Guaranty.
Judgment has not been entered on the Guaranty in any j udsdiction against the
Defendants or either Defendant.
7. The judgment by confession sought by PNCB in this Complaint is not being
entered against a natural person in connection with a consumer credit transaction.
8. By Warrant of Attorney contained in the Guaranty, Defendants authorized entry of
judgment by confession.
9. Pursuant to the Warrant of Attorney executed by Defendants, Defendants waived
the benefit of all laws exempting real or personal property from execution.
10. Pursuant to the Warrant of Attorney contained in the Guaranty, judgment may now
be entered against Defendants as payment on the Note was not made when due thereby creating
an event of default under the Note and accelerating all amounts due thereunder.
11. Under the Guaranty, the following amounts are now due by Defendants to PNCB:
Principal Debt
Interest through 3~5/03
Late Charges
Attorney's Commission
Total
$ 49,815.23
1,603.34
202.15
5,162.07
$ 56,782.79
12. Under the terms of the Guaranty, Defendants are liable to PNCB for attorney's
commission of ten percent for collection.
-2-
WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendants
Curtis E. Bowen and Karen J. Bowen, jointly and severally, as authorized in the Warrant of
Attorney contained in the Guaranty, in the sum of $56,782.79 together with interest and costs of
suit.
TUCKER ARENSBERG, P.C.
By
Donna M. Donaher, Esquire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
3
COMMERCIAL GUARANTY
es n ne sna~ ~ea ~e t~ Len~s use onl~ eno do not ll~t Ihe eppl~bii~ ol t~s ~umenl to sn~ p~uia~ loan ~ Ilem.
Borrower: J K MILL~ CORP (TIN: 251~4~) Lender: PNCB~K,~TI~ ASSOCIATION
~ W~ASH AVEN~
PI~URGH, PA 15~0 ONE ~C ~
2~9 FI~H AVENUE
PI~URGH, PA
Guaranty: CURTIS E ~W~ ~d KAREN J ~W~
~ N 24TH STRE~
. CAMP HI~, PA
A~UNT ~F GUAR~TY. T~e ~nt of Ih~ Gu~ le Unllmlt~.
CONTIN~NG ~IMIT~ G~. Fm ~ ~ vM~ g~ ~TIS E ~WB ~ K~ J ~W~
~lul~ ~ unc~ltlo~ ,
order, tn ~ ~t~ ~ ~1~ ~ ~, ~nt~ ~ ~v~, to ~ B~K, ~TI~ AS~IATI~ (~en~')
ol GU~ ee c~llnulno. -' - ....... · ...... ~-,,l u. ~l~ ~ unllmU~ ~d the
~INITI~S. The foll~ w~ s~a ~ve I~ ~o~ ~ wh~ ~ ~n f~ Gu~a~:
~r~er. The w~d ~ro~ m~ J K MILLER ~p.
GU~mlor. The w~d 'G~rant~ ~ns CU~IS E B~N and ~EN J BOWEN, who ~e ~m~ ~s G~ran~ ~nffy and
Go~. The wino 'G~ran~ ~ f~ G~n~ ~ by G~ f~ I~ ~t of ~ ~ July ~. 1~.
{~m, eno a~ orient or ~t~e j~ ~ ~. m any M I~;
' a~ ~ any ~h I~l~ ~ ~u~ ~ ln~y
~a v~da~le on ~nl ol inlay, in~, ~a ~, m o1~. a~ ~m ~n~c~ w~ may
Lender. T~ w~O %enO~ ~ PNC B~ ~ ~~. ~ s~ an~ ~.
ageing, en~on~n~ agt~, g~an~. ~ ~. ~g~ ~ ~ ~t, and a, ~ ~u~n~. ~r~en~
O~u~n~. w~l~ now ~ h~ ~, e~ ~ ~n ~ I~ In~.
NATURE ~ G~. Gu~lnl~s ~b~ u~ ~ O~an~ ~e ~ ~n a~ ~n~ ~ ~ ~ ~ I~ G~ran~ ~ tn f~.
O~rant~ inten~s lo g~ran~ '
at ~ ~ the g~ a~ ~o~l ~y~l w~n d~, w~ al ~ m ~ by ~on ~ a~n
oth~e, ol ~ ln~ed~. ~, ~ pay~ ~ upon t~ I~ ~ ~ m ~h t~ co~n~ ~ of G~nl~
in con~ ~lh &ny te~Jni~ ~ns ~ t~ I~ ~ any of ~ I~ w~ s~n~ ~ ~ ~ ~ i~
con~led. The o~a~ons of G~anl~ s~ ~ ~t ~ ~v~. L~ ~y p~ ~l a~ ~ l~ G~mnt~ i~id~, a~t any
~t am co~r~ by this G~ra~. Any ina~i~ of Le~ to ~d ~i~t ,iny G~mn~ (w~ ~ Dy a~ons ~ a G~an~ ~ of ~n~)
~ ~t afl~l LenSes ~hl 1o
~ agm~l any or ~ ~e~m~ G~ f~ ~ m p~ of l~ a~n~ ~ ~y th~ Gua~n~.
~ATIOR ~ GUilTY. T~ Gu~an~ ~ ~e e~ w~ r~ ~y [~n~ wl~oul I~ ~ ~ any
Lend~l ot ~y
~nd~. Dy ~i~ ma~, ~ t~ a~s ~ Len~r ~ a~ ~ ~h ol~ ~ ~ Le~ may ~te in ~. Wdaen ~ ~ t~
un~m~ ~ n~ due an~ w~ ~1~ ~o~ aD~te. ~1~. ~ ~ ~. N~ ~ m~ {~ ~ e~ ~ ~ to t~
PI~ G~ran{~ p~ ~ ~e, and sha~ ~l a~ ~ ~l{~ ~ ol~ g~n~. T~ G~an~ ~ ~ lo ~ G~m~
I~t~n~ ~ed by B~ro~ ~ comm~d Dy ~ ~ 1o r~l of G~mnl(s ~ifl~ no~ ~ m~n, i~udi~ any
~ G~rsnlM's tev~ab~n, ~e c~em~ ~Ow t~ G~ran~ and, ~y ~ ~ ~ co~ 1o ~ ~ In~n~s. ~s G~
~ ~nO I~ ~[e of G~ranlM as ~ Indebt~s crM~ bolh bel~ a~ ~ ~ ~th M
r~n~e ~y ~nale th~ G~n~
tM Mine manner in when G~anlM ~ghl have ~MI~ it a~ ~h I~ M~ ~. R~ ~ any ~ ~rantM M t~i~n M any othM
g~- 'y of the I~d~s ~al nol ~ I~ IMbW~ o~ G~anlM u~ I~ ~aran~, A m~ r~ by Le~ from any ~ ~
~re~e ~nl of Indebl~ne~ ~ver~ ~ ~11 Gu~, ~ ~ ,. ~ ~~ ~d ~ by G~I~ ~{ r~ns
1~ ~ounl of I~bl~ne~, even Io ~ro ~a (~), ~m ~ w~U~ rev~l~ ol I~ Gu~m~ ~ G~lm ~1 ~t ~tllule
lermtnal~n ol ~s Guu~W. This Guum~ I~ ~l~ng u~ Gu~ml~ ~ Gu~m~'s ~lr~, ~e~s ~ ~s ~ ~O as ~y of ~e
~leed IndeM~neM r~ns un~ md oven I~ the I~eOl~n~ g~l~ m~ ~om II~ lo tl~ ~ ~ro doU~s (~.~
GUAR~TOR'S A~I~TI~ TO L~R, G~ranl~ aul~ ~n~, ~l~ ~f~e w a~ any re~alion h~eot, wilful not~
~d ~ wllhoul leaning Gu~l~'l I~Olll~ u~er Ihll Gu~, ff~ I~ Io lime: (a) ~ lo rev~l~n ~ ~1 f~ ~ve, to m~e
~l~n~ cr~ll 1o ~r~er; (~) 1o ~/er, c~promlM, re.w, exle~, ~e~rale. or ol~ chm~ o~ ~ ~e limes t~ ~
~menl m olher lerm; ot I~ I~e~leaneM m my ~ of Ihe Inde~l~M, I~n9 Incr~s ~ ~r~s ol t~ ra;e ot Inlere~ on
I~l~ne~s; axlen~ may ~ ;e~alee ~d ~ ~ ~ Ion~ Ibm I~ ~1~ ~ lerm. (nj Io ~e md ~M ~url
wll~ m wll~oul Ihe ~alllullon ut new c~l~l~ (d) Io [e eeM, ~O~l~e, ~ ~1 Io ~, ~ ~ wlffi any ~ ~ ~e ol ~,~
EXHIBIT
~?-~-~199§ COMMERCIAl. GUARANTY
Loan NO (Continued) Page 3
¥,foge~Jl~l~.' t.h.' Nty Ret& ed Documents, cons utes the enb'e underSEInding and egreemenl of the pilot;es as fo the
mallets SOl/ofth In Ih~$ f~uW~nty. NO ~iiter'ahon gl or &mendmenl Io th~ Guaranty shati I~e effective unless given ~n wf~bng and signed Dy the party
or part;es sought to be chargecl or bound by Ihe alterabon or amendment.
Applicable Law. Tt~a Gum'anty hms been delivered to Lemier end accepted by Lender m the Commonwealth of Pannsylvanm. It Ihare is a
lewsuil, Guar&nlor agrees upon Lender's request to submit to Iha jorisdic~on of the courts gl ALLEGHENY Counly, Commonweallh Of
Pennsylvania. Lendm' and Guarantof hereby waive the nghl 10 any jury trial in ;,ny aclinn, I~roceeding, of counlmclaim brought by either Lende~ or
Guarantorpennsy!venia.againsl the o[hm. This Guaranty shall be governed by and construed in accorclance with Ihe laws of the Commonwealth of
Atlor~y$' Fees; Exlsenee$. Guarantor agrees to gay upon demand all Of Lan~'"s costs and exgenses, ~ncluding atlorneys' fees and Lender's
legal e.Xl~ensas, recurred in connection wilh the enlorcement Of th~S Guaranty. Lender may pay someone else' to help enforce Ibis Guaranty, and
Guara~or shall pay Ihe costs and exl~enses of such enforcement. Casts and expenses include Lendm's attorneys' lees and legal expenses
whe~or or nol tn~'e is a lawsuit, ~nclucltng altorneys' lees emi legal ex~anses for dankruptcy I~roceed~ngs (and incluc/ing alights ID modify or
vacate&ny euloma, tl¢ slay or injunct~on), api~eali, end any anticlDatod Posl..-judgmenl collection sorv~ces. Guarantor alia shell ;)ay alt court costs
ami s~,.h adOllion~ ~ as may 0e directed Oy the coutl.
NOIICe.~. All nct~CES required lc be given by ellhor party to the o~er un,ar this Guarenty shall be in w~tlng, may be sent by lelel~cs~miie (unless
01here requkeq by law), end, excel31 for revocalion nolices by Guarantor, shall be effective when actuatiy delivm'ed or when ~:~Doalted wilh a
nati0rla]ly recngnizea overnigi~l courier, or when ;[epo~led In Ihe Umtea Slates m~I, first ~ poslage pre, aid, addressed to the party to whom
the nO,ce is Io be given at the actoress shown above or to suc'n Otl~.~' addresses as officer party may ~signate to Ihe ob"~' ~n writing. All
ravoc'~'lJon not~'es 13y Guarantor shall 13e in willing ami sh~lt De effective only ul~n ~ltvet7 to Lert~m' as pro,,dded at~ove in the section tiffed
"DURATION OF GUARANTY.' If lhere la more than one Gua~,,ntor, nof~ce to any Guarantor will constitule notice Io ~J Gumenlors. For noltce
purport, s, Guaranlor agrees to keno LenOet intormed at all times Of Guarantor's currant address.'
Inlarpretalton. In all cases where Ihese is more then one Six'rower or Guarenlor, then ali w~ds used in tl~ Guaranty in the singulm shell be
deemed to have ~een used in the plural whme the context end conslruc~on so requite; and where I~are is more than one Borrower named In this
Guaranty or when this Guaranly is executed by more than one Guaranlm. the words 'Sorrower' ami 'Gumactof respecltv~, s~ mean alt and
any one of rnofe ct them. The wofct~. "Gues'antof,' "Borrowof,' anti ~.ert~er" include the I~irs, SUCCesSOr. aSPens, end Irahsf~ ct each ot
them. Caption headings in Ibis Guaranty me for convemence purposes only and are nol to be uaed in Interpret or del~ne the p*'ov~ons of this
Guaranty. It · courl ct competanl junSd~caon finds any provision of ti'~ Guaranty to he inveltcl or unenlorosai~le ~s to any presort or clrcums~nce,
such fnOing shall not ren0~' thai provision invalid or unenfofceable a~ to any other persons or c~'cumsiences, emi all grovts~ns Ol thli Guaranty
in all other [especls shall rern~n vaJi~l &nO enlorceahle. II any O~e o*' more of Borrower or Guarantor ere cor'poraaons or parmemllips, it is nct
necessary for Lander Io inquire into the powms of Bon'ower or Guarantor or of Ihe officara, directors, pa,'lne~s, or egenls acting or purporling to act
on their behell, and any Incleblednass rrmda or greased ~n r~ance upon Ihe professed exerC~..'~e ct suc~ powers shell be guaranteed undor this
Guaranty.
Waver. Lender sha~ not be beamed Ia have waiv~l any nghts uriah' Ibis Guaranty unless such wmVar iS given in wdting and signed by Lender.
No belay or omlis~on on the part of Lender in exercising any rigN shall ogerale es · waiver Of such nght or any olhar right. A w~ivor by Landor'gl
a prov~on of tt~li Guaranty shall nol ~orejuaice or cofls8tu~e a wa~er of Leflder's riehl olher,~se to demand sl,"lct compllanc~e wl~ Ihel provision or
any ol~er provt~on of this Guaranty. NO pnor waiver by Lencler, nar any oourse Of dealing belween Lankier end Gueranlor, shell constitute ·
wa~vor gl any of Lemier'e ttghls or Of any of Guara. ntor's ol~ltgatior~s es ~, any fulure treneactions. Whenevor the consenl ot Lende~ is required
under Ihis Guaranty, Ihe granting ct such CO~ by Lender in any instance shall nol constituto continuing consent to subsequeel ins~nces
whore such consent is required anti in alt cases SUCh consenl may be granted or withheld in the sole cl~,Cretion of Lender.
LIMITED. RECOURSE AS TO NON-API~ICANT. SPOUSE. Nofwilhstanl~ing anything, contained horeln to Ihe contrary, it is agreed Ihat. unlees an
exCe,Otion to Ihe requiremenls Of Regulation R Of the Bo~d Of Govorn~'$ of Ihe Feo~eral Rasen~ Syslem aPl01ies In connection with the extension Of the
Indebtedness and Ihe ~cutfon gl this Guaranty, the Sl~OUse who is deemed not to be lhe 'appllCanl Ior orecltt' for purposes of such regulalion (the
'Non-Apptic.~nl Spouse') shall be personally liable undor th~s Guaranty only wilh respecl to assets held jointly es gl' the dale hereoI or hereeffor
acquired, and the lien of any j~gment, Of tier or othor relier egalnsl Ihe Nort-AO~licant Sgouse shall be limile(l thereto. Nothing herein, however, shall
Ilmil Ihe Lender's righli agai~st any person, firm or entity cthor than the Non-Applk~ant Spouse.
CONFESSION OF JUDGMENT, G~OR HEREBY IRREVOCABLY AUTHOFUZES AND EMPOWERS ANY ATToRNEy OR THE
PROTHONOTARy oR CLERK OF ANY COURT tN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR
GUARANTOR AFTER A DEFAULT UNDER THIS GUARANTY, AND WITH OR WlTHO~IT COMPt. AINT FILED, AS OF ANY TERM. CONFESS OR
ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST, LATE
CHARGES, AND ANY AND ALL AMOUNTS EXPENDED oR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE
INDEBTEDNESS TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATToRNEY'S COMMISSION OF
TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN
FiVE HUNDRED DOLLARS (~) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY )SSUE IMMEDIATELY; AND FOR
SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED SY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY
GRANTED IN THIS GUAP~ANTY TO CONFESS JUOGMENT AGAINST GUARANTOR SHALL NOT Bi= EXHAUSTI~D BY ANY EXERCISE OF THAT
AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS
GUARANTY. GUARANTOR HERESY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY
SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE ANDIoR H.EA~ING REQUIRED UNOER APPLICABLE LAW WITH RESPECT TO
EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF
JUDGMENT PROVISION TO GUARANTOR'S AT'rENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS
TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND
DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FoRTH
IN THE SECTION TITLED "DURATION OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY
EFFECTIVE. THIS GUARANTY IS DATED JI. ILY 29, 1~9~.
THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
GUARANTOR:
o;,-~J,-~ 9eg COMMERCIAL GUARANTY Page, 4
Loan No
,~~ .... ...---/ <co.....,) . ,1 ....
· K.~,, ~,~E~ ~' ~ :;' ':~(~)
INDIVIDUAL ACKNOWLEDGMENT
STATE OF )
COrdleY OF )
Onth~ Fne
un--ned .... ~ ~y of , 19 ..... ~ me , the
,.ueay r-uoac, l~er'aonaliy aPI~ CURTIS E BOWEN ~ KAR~ d BOWEN. known to me (0~ sa~s/actorily proven) to I~e the person
whos~ Mines are subs~'fbed lo the within ir'.Strume~t, and a~knowteclgecl It~t they executed the s~me for the purposes th~ein conlained.
In witness whefeof, I hefeunto scl my hand and ~ meal
PROMISSORY NOTE
I Re/~m~ in t~ s~O~ aah ~e fe Len~s ~ only and ~ not ll~l t~ ~p~b~ of this d~u~ol to any p~u~r i~n ~ i~mI .~ J
~rrower: J K MI~ER ~P ~IN: 251~4~3) Lender: ~c B~K, NATI~A AS~CIATION
~ W~SH AVENUE ~E ~C ~
PI~GH, PA 15~ 24~ R~H A~N~
PLOUGH. PA 15~
Princip~ Amount: $100,000.00 Initial Rate: 10.000% Date of Note: July 29, 1999
PROMISE~¥O PAY, J K MILL.ER CORP ("OofTower") promises to pay to PNC BANK, NATIONAl. ASSOCIATION {"Lender"), or order, in lewflJt
money oti:~he Unltm:i State,, of America, the principal amount of One Humk~ed Thousand & 00/100 Ooll~a ($100,000.00) or so much as may be
OrJlatand~g, together with Interasl on the unpaid outstanding i:x'inclpa~ balance of each edverlce. Interest shall be catcuteled from the dale of
each edvshce until repayment of each advance.
PAYMEN'~,.. Borrower will ~ this Io~t in accordance with the following payment acheduin:
I~xrower w#l pay regulm' monmly payments of accrued interest beginning oft the first I~y of the Billing Cycle after the
k~ltlai advance, an4 atl suhsequeot Intereal payments are due on the same day of each moelh after that. BogTower will pay
this loan in one payment of all outstanding princlpat plus ail accnuad inlerest on the Explcatton Date. Borrower may borrow,
~epay and rebocrow hereunder until the Expiration Date, sul~l lo the terms ~nd coeOiltons of this Nole. The 'F~rallon
..Date" Nlall mean June 30, 2oeO, or such teta~ date as may be be;llgoatod hy written noll(;e from Len4er to Borrower but in
no event attar the tanin anniverser/of the date of thle Note. Borrower acimowtedges am;I ag~ene that in no evenl will
Lender be un, er any oOIlgeUon to extend or re~ew the lesn or thl~ Note beyo~l the thlltel Expiration Dale. In no evenl
shall the egg~egote unpaid Principal amount of advance-, under INs Note exceed 1he face amount of this Note.
Bo~oww ~ pay Lef~er at Lender's ac~drass shOwn &bore Or at such other place es Len~ may c~nale ~ wnbng. Unless otherwise agreed Oy
reclU~'~d by eppllcabte law, payments wdl be applied first to accrued unpaid ~terest. then to 0~'mc[pai. encI any ramammg amount to any un~a~d
collection costs and tste charges.
VARIAi)4.E INTEREST RATE. The ,nterest rate O~ this Note ~s sub)esl Io change from time I0 time i~ased on che,'X~s men ,'i(tepen0ent tnc)~x which
is the highest Prime Pate as published in tho "Mor~y Pates" section Of The Wall Streel Journal (the "lnctex'). The tnOex is not necessarily the lowest
rate charged by Lender on its Ioa~.,. If the Inctex becomes unavaltet)le dunng I/~ term of this Loan, Lender may C~as~gnate · subsbtute mdex after notice
to Bon'ower. Lender wtil tell Borrower the current Index rate upon BorTower's request. B0~'ower uncte~fands t~,l Lender may make loans I~ls~rl on
other riles as well. The interest rate cJ',ange wdl not OCCUr mute often lhen each month. The Index for a Bdhng Cycle is deterrr, necI or, the hrst day et
that cycle based on the Index tot the lest day Of the preceding calends' month wrach is reported, latices1 On It, S Note is computed or, the basis of a
year Of 3661365 days. Dy applying the ratio of Ihe annual mterasl rate on the ~ day Of the Bithng Cycle Over s ¥~ar et 366/36.5 days to detain · dally
periOdiC tale, mutlJplted by the average clady oaiance dunng Ihe Bill*ag Cyr. te, multiplied by Ihe numt)er Of 0ays ;n Ihe O~lbng Cycle. Bdhng
the monlhty interval t)etween regular peno~¢ statements. The theex Ocrrent~ i~ 7.754)% per annum. The interest rate to be al)piled to the unpaid
p~lnclpai paiance of this Note will be el · rate of 2,250 percentage polnl~ over the Index. reenlting in an intuit rate el 10.0(x)% per annum.
No'ricE: Un0er no Clrcumstences wdt the ~nteresl fate on this Note be moi'e then the maximum rate allowed h¥ applicable
P~EPAYMENT. Borrower may pay without penally aU Oya portion of tho amount owed eerti~ then ,t is due. Early Payments will i'lnt, unions agraecI to
by' Landel' in waling, relieve Borrower of Bo;tower's of~gaflon to conbnue to ~raka paymer,ts et accrued unpa,d irtleres! Rather, they wdl teouce The
pl'tncipai t)aiance due.
LATE CHARGE. It a paymeht is 16 days or more late. Borrower w~ll de charged 6.000% of the unpaid porllon df the regularly scheduled payment
or S10Q.00, whichever Is leSS.
DEFAULT. Borrower w*ll be m cteteuit ,f amy of the to#o,mng hepdens: On) Borrower fails to make any payment wnsn d~e it)) Borrower freaks any
promise Borrowed' has made to Lender, et Borrower fads to comply wilh er ~ perform when due any other lets. o~tgabon, covenaql. OY ¢orld~tio~
Contained in this Nolo et any agreement related to this Note, Oy ~n any offer 10reemenl Or loan Borrower ~ with Lender. to} Any repreSentshOn Or
$tetemenl made Or furnished to Lender t)y Bon'Ower Or on Borrowers befell is false Or misteadmg m ar,y ~terlal r~spIN:t ellher now ~ at the t~me
made or furnished. (dj eon'ewer t)ecomes ,ns~vent. a recen~er ~S appoInled toY any part O/Borrower's proOertY. Borrower makes an asslgnmenl for the
benetit et creditors, oY any pr(x~eechng is common-'ed erther by BoYrow~ Or agemst Borrower unOer any bsnkruplcy Or ~nsoNency laws. (e) Any
Ore~itur tries Io take in)' of Bonower's properly Dn Or in which Lender has · Iwn oY secunty mterast. Th,s mctuclas a germshment of any et BOrTOWeFS
acCOUnts with Lender. II) Any gu~'enlor dies oY any of the other events dasori)ed ~n Ires default section occurs with raspeCI to any guarantor et this
NOte. (g) A malarial adverse change occu~ ;n BOYTOWer'S tinanOai conrMien, Ot LenC~ be~leves the prospect of payment 0; Oertoymance of
Indet)tednesS ~, ~mpa~red.
LENDER'S RIGHTS. Upon default. Lender may, after gr~ng such notices as reoAPred hy epplp'..aole law, dectere the enhre unpa~o pnnctDa; t)aiance on
Ibis NOTe eno alt acOrued unpa~ ~nterest ~mmediately due. end Ihen BurrOwer Will pay thai amount. Upon deteult, mclucbng ti;lure TO Day upon hnal
maturity, Lender, at its option, may also. it Dermgtted unde~ epplk~t~le law, tad'essa the vanedle ~nterest rate on t~s Note lo 7.250 pa¢centeBe posts
over the Index. The interest rate will not exceed the maximum rate permitted by epplicat)ie law. Lender may ht~e o~ Day someone else to held co/leer
th~s Note if Borrower does not pay. Borrower also will pay L,~lder that ~nlount. This include~ subject to any limits under ~.oplicable law. Lender's
attorneys' fees and Lander"s legal expenses wllether Or not there iS, a lawsuit, including enema,fa' fes~ and legal expenses fOr banKruptCy proceedings
(including efforts to moclil~ cr vacate any automatic stay Or inlunchon), appeals, and any entopaled posl-ludgment c0llecllon so, ices. ti nol
pi'ohiiDited by applicable law, Bonower also well pay any court costs, in addition to all other sums prOVided by law. It ju~mer'ti is entered in connection
with inis Note, interest wdl continue to accrue on this Note after judgment at the interest rate appbcabte Io this Note al the time ludgmenl is
Tl'Ja Nolo has been delivered to Lender and accepled by Lender in lhe Commonweldth of Pennsylvania. It there la · lawsuit, Borrower agrees
upon Lender's request to submit to the jufleqlctlon or the courts of ALLEGHENY Counly, Ihe Commonwealth of Peftnsylvante. Lender and
Borrower hereby waive Ihe right Io any Jury trial in any action, pro(:eedlog,, or oounterClalm brought by either Lender or Bo~ower against the
other. This Note shall be governed hy and construed in acccrdince with the tewa of the Commonwealth of Pennsylvanfa.
RIGHT OF SE. TOFF. Borrower' grants to Lender a corltt~ctual secla'lly inler~st in. and her~Oy as.s~ns, co~veys, dehvera, pledges, and tTan$1ers to
Lender all Borrower's r~lht, hue and interest ~n eno to. BOrrOwer's accounts with Lender (whether ct~ckJng. 5swags, et some other account!, ~ncluchng
without hmtfat~on all accounts held jointly with someone eisa and all accounts BorrOwer may open in the future, exctucI, ng however an IRA ancI Ke09h
~,CCOUr`IS. and all frusl accounts for which the grant of a s~curity interest woiJKI be prottJDited by law. Oo~ower authOriZes LenOer. tO the 8xtent
pern~fted by applicable law, to charge Or setoff all sums owing or` this Note agatha1 any and &il suCh accounts.
LINE OF CREDIT. This Note evidences a raveling line of OredJl. Advances under ll~s Note may be requested on~/ in writing by Borrower or es
provided in this paragraph. All commumcalions, inst;uc#ons, or directions by tele~ohone Or othem~se to Lander are to he cll~acte~ to Lender's office
07-29-1999 PROMISSORY NOTE
Loan Ho (ConUnued)
Page.~
a~own above. The (allo~ng pet/ar paztw~ am aah~ as ~o~ m ~ p~p~ Io r~l a~a~ un~
SMITH, ~t ~l~ T~r~. ~ ~ ~ ~v~ ~em ~ ~ ~ ~ wn~O ~ ~ ~
~ ~ ~ ~ ~ ~ ~i~ ~ ~ rK~v. ~ L~ (m ~ ~ ~ t~ ~rm~ ~e ~ wl~ five
I~ms W th~ ~ ~ any aW~ ~t B~ ~ any g~r~ ~ ~ ~n~, ~W~ any agr~n/~ m ~n~on wllh ~ ~m~ Of
~ N~; [b) ~ ~ ~y g~r~t~ ~ ~ 0~ ~ B ~n~ (c) any g~ram~ ~, ~ ~ ot~
~ r~e ~ ~s g~an~ W I~ ~ ~ any o1~ ~ w~h L~ ~ (d) B~ ~ ~p~d ~ pr~ ~t ~ ~ N~ f~
Note. An an~ ~ ~ In ~ ~ou~ ~ ~ ~ ~ ~ ~) ~ ~ ~mum p~al a~nl of t~ ~e ~y
' G~ ~OVISI~S. ~ ~ ~ ~ ~ en~ a~ ~ ~ ~ ~ ~ un~ t~ No~ w~l ~ t~. ~ow~
g~r~, i~ ~ m ~d~. ~ ~ ~ ~ bb~. ~ ~ ~ ~ t~t ~ ~y r~
~y m~ l~ ~ w~ I~ ~ ~ ~ ~ ~ In~ ~ ~n ~ D~ ~h w~m I~ ~ ~ ~. If any p~on
~ ~ ~ A~ ~ IN,~E ~~ ~ ~V~ ~ EL~. TO ~ AT A~ ~
A ~A~T U~ER ~S ~. ~ WI~ ~ W~ ~M~ ~D. AS ~ ~ ~RM. ~ ~ E~R J~GME~ A~N~
~ ~ ~V~D ~ ~ER ~ TO ~ ~ ~NG ~IS ~ T~E~ W~ I~ ON S~
AM~ T~ ~ CO~S ~ ~, A~ ~ A~S ~MMI~ON ~ ~N ~R~ (1~) ~
~ AND A~O I~ F~ C~ON. 8~ IN ~ ~ ~T ~SS ~ FI~ HU~ED D~S ~} ON WHI~
J~M~ ~ ~E~ ~E ~ M~ ~ ~y ISS~ IItM~LY; ~O F~ SO ~, THIS N~
N~ ~RIFIED BY ~F~A~ ~ eE S~ENT W~. ~ A~ G~D IN ~IS N~ TO CO~ J~GME~
AT ~ ~MES U~[ PAYME~ IN F~ ~ ~ ~S D~ U~ '~IS NO~. ~O~R ~BY WN~S ANY RIG~ B~OWER
MAY ~ TO N~ ~ TO A ~1~ IN C~C~ ~ A~ ~ CO~E~ON ~ J~G~. ~ ~ NO~ ~1~
~1~ ~}~0 U~ ~1~ ~W WI~ ~S~ TO ~C~ION ~ THE J~ME~. A~ ~A~S ~T EI~R A
~ATI~ ~ ~ S~FI~Y ~D ~IS ~ESS~ ~ J~GME~ ~O~ON TO 8~ROWER'S A~
B~ROWER ~ ~N ~D BY ~E~E~ ~ ~N~%.
I~ ~ ~ISI~S. ~RO~ AGeS TO ~ ~MS ~ ~ NOTE AND ACK~EE RE~IPT ~ A ~O
C~Y ~ T~
THIS ~ ~S ~ SI~ED ~ S~ BY ~ ~SlGN~.
JK M~ C~ ~ ~
IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
VS,
CURTIS E. BOWEN and
KAREN J. BOWEN,
)
)
)
Plaintiff, )
)
)
)
)
)
)
Defendants. )
NO.
CERTIFICATE OF RESIDENCE
I hereby certify that the precise address of Plaintiff is:
Fifth Avenue and Wood Street
Pittsburgh, Pennsylvania 15265
and that the last known address of Defendants is:
320 North 24th Street
Camp Hill, PA 17011
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
AFFIDAVIT
The undersigned hereby certifies that the judgment to be entered in this action is not being
entered against a natural person in connection with a consumer credit transaction. To the
contrary, the underlying transaction is a commercial transaction.
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
Sworn to and sub~;cribed
before me this 24'~' day
of ~~, 2003.
.,N~ry Public ..,,)
Notarial Se~
Mel~a Szalkay. Notary Public
City of Pittsburgh, Allegheny County
My Commission Expires Oct. 31, 2005
Member, Pennsylvania Association of Notaries
ACT 105 OF 2000 NOTICE
A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT.
PURSUANT TO 42 PA. C.S.A. {}2737.1, IF YOU WERE INCORRECTLY IDENTIFIED AS A
DEFENDANTS IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE
ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE
COURT.
YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE PROCEDURE
IN RULE 2959 WHICH IS AS FOLLOWS:
Pennsylvania Rule of Civil Procedure 2959 - Strikinq Off Judgment~
(a)(1) Relief From a judgment by confession shall be sought by petition. Except as provided in
subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be
asserted in a single petition. The petition may be filed in the county in which the judgment was
originally entered, in any county to which the judgment has been transferred or in any other
county in which the sheriff has received a writ of execution directed to the sheriff to enforce the
judgment.
(2) The ground that the waiver of the due process rights of notice and hearing was not
voluntary, intelligent and knowing shall be raised only
(i) in support of a further request for a stay of execution where the court has stayed
execution despite the timely filing of a petition for relief from the judgment and the presentation
of prima facie evidence of a defense; and
(ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3.
(3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule
2973.1(c), the petition shall be filed within thirty days after such service. Unless the Defendants
can demonstrate that there were compelling reasons for the delay, a petition not timely filed
shall be denied.
(b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause
and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff
shall file an answer on or before the return day of the rule. The return day of the rule shall be
fixed by the court by local rule or special order.
(c) A party waives all defenses and objections which are not included in the petition or answer.
(d) The petition and the rule to show cause and the answer shall be served as provided in Rule
440.
(e) The court shall dispose of the rule on petition and answer, and on any testimony,
depositions, admissions and other evidence. The court for cause shown may stay proceedings
on the petition insofar as it seeks to open the judgment pending disposition of the application to
strike off the judgment. If evidence is produced which a jury trial would require the issues to be
submitted to the jury the court shall open the judgment.
(f) The lien of the judgment or of any levy or attachment shall be preserved while the
proceedings to strike off or open the judgment is pending.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION
Plaintiff,
VS,
CURTIS E. BOWEN and
KAREN J. BOWEN,
NO.
AFFIDAVIT OF NON-MILITARY
SERVICE
Filed on behalf of Plaintiff,
PNC Bank, National Association
Defendants.
Code:
Counsel of Record for This
Party:
Donna M. Donaher, Esquire
Pa. I.D. #53165
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
)
)
Plaintiff, )
)
)
)
)
)
)
)
Defendants. )
No.
Personally appeared before me, the undersigned authority, John Matlak, who, being duly
sworn according to law deposes and says that upon inquiry, and from his own personal
knowledge, he knows and avers that the defendants in the above action are not in any branch of
the military service of the United States.
John Ma~
Assistant V~i~ ~esident and
Attorney Rel ,ons Manager
Sworn and subscribed
before me this · ~ day
of ~,,-,- ~.xl~ ,2003.
My commission expires:
194.228_1
f"--'----~-- Notarial SeaJ
Melissa 8za/kay. Nora.,7 Public
Commission Ex-:--- g~neny County
...... y,~o,,a/~ssociat~~
VERIFICATION
The undersigned, John Matlak, hereby verifies the statements of fact contained in the
attached Complaint in Confession of Judgment to be true and correct according to his personal
knowledge, information and belief, and further pledges that this verification is made subject to the
penalties of 18 Pa. C.S.A. {}4904 relating to unsworn falsification to authorities.
Date:
BANK_Fh193886-1 000011-111726
By:
John Mat~
Assistant Vice
Attorney R'~
President and
;lations Manager
IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
VS,
CURTIS E. BOWEN and
KAREN J. BOWEN,
)
)
)
Plaintiff, ) No.
)
)
)
)
)
)
Defendants. )
TO:
Curtis E. Bowen
320 North 24th Street
Camp Hill, PA 17011
NOTICE OF ENTRY OF JUDGMENT
Please take notice t hat o n _ ~/~ -) /,~.Z 2 003, a Judgment b y Confession o f
~! ! '
Judgment, was entered against you in the court and at docket term and number set forth above.
The amount of the Judgment is $56,782.79, plus costs.
Prothonotary, Cumberland Count~z
IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
)
)
)
Plaintiff, ) No.
)
Defendants.
TO:
Karen J. Bowen
320 North 24th Street
Camp Hill, PA 17011
NOTICE OF ENTRY OF JUDGMENT
Please take notice t hat o n
,2 003, a Judgment b y Confession o f
Judgment, was entered against you in the court and at docket term and number set forth above.
The amount of the Judgment is $56,782.79, plus costs.
Cumberland
Prothonotary, "~ e-"~unty
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
No. 03-1359
CERTIFICATE OF SERVICE
UNDER RULE 2958.1
Filed on Behalf of Plaintiff,
PNC BANK, NATIONAL ASSOCIATION
Counsel of Record for This Party:
Donna M. Donaher, Esquire
PA I.D. No. 53165
TUCKER ARENSBERG, P.C.
Firm No. 287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
NO.
IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
)
)
)
)
)
)
)
)
)
)
No. 03-1359
CERTIFICATE OF SERVICE UNDER RULE 2958.1
The undersigned hereby certifies that she did serve a Notice Under Rule 2958.1 of
Judgment and Execution thereon, upon the Defendants on April 8, 2003, by certified mail, at the
following address:
320 North 24th Street
Camp Hill, PA 17011
A true and correct copy of the Notice Under 2958.1 and the return receipt is attached
hereto.
TUCKER ARENSBERG, P.C.
Donna M. Donaher, Esquire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
197572_1
Tuc .EP,. AKENSBEP,.G, P.C.
CELEBP,.ATING A CENTURY OF SEP-.VICE
IN THE GOURT OF OOMMON PLEAS OF OUMBERLAND OOUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
No. 03-1359
Notice Under Rule 2958.1
of Judgment and Execution Thereon
Notice of Defendant's Rights
To:
Curtis E. Bowen
320 North 24th Street
Camp Hill, PA 17011
A judgment in the amount of $56,782.79 has been entered against you and in favor of
the plaintiff without any prior notice or hearing based on a confession of judgment contained in
a written agreement or other paper allegedly signed by you. The sheriff may take your money
or other property to pay the judgment at any time after thirty (30) days after the date on which
this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT
AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH
THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
1500 ONE PPG PLACE PITTSBURGH, PENNSYLVANIA 15222 412-566-1212 FAX 412-594-5619
Pittsburgh Airport Area · Harrisburg
E-mail: tapc@tuckedaw.com
www.tuckerlaw.com
TUCKER ARENSBERG, P.C.
CELEBRATING A CENTURY OF SERVICE
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
TUCKER ARENSBERG, P.C.
Donna M. Donahor, Esquire
1500 One.PPG Place
Pittsburgh, PA 15222
(412) 566-1212
195936_1
15o0 ONE PPG PLACE
PITTSBURGH, PENNSYLVANIA 15222 412-566-1212 FAX 412-594-5619
Pittsburgh Airport Area · Harrisburg
E-mail: tapc@tuckedaw, com
www.tuckerlaw.com
TUCI<.F_.P,. AI:LENSBEP,,.G, P.C.
CELEBP-,.ATING A CENTURY OF SER. VICE
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
No. 03-1359
Notice Under Rule 2958.1
of Judgment and ExecUtion Thereon
Notice of Defendant's Rights
To:
Karen J. Bowen
320 North 24th Street
Camp Hill, PA 17011
A judgment in the amount of $56,782.79 has been entered against you and in favor of
the plaintiff without any prior notice or hearing based on a confession of judgment contained in
a written agreement or other paper allegedly signed by you. The sheriff may take your money
or other property to pay the judgment at any time after thirty (30) days after the date on which
this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT
AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH
THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
1500 ONE PPG PLACE
PITTSBURGH, PENNSYLVANIA 15222 412-566-1212 FAX 412-594-5619
Pittsburgh Airport Area · Harrisburg
E-mail: tapc@tuckerlaw.com
www, tuckerlaw,com
TUCKER ARENSBERG, P.E.
CFLEBP-...ATING A CENTURY OF ~EP,.VICE
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
TUCKER ARENSBERG, P.C.
By Donna M. Donator, Esquire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
195936_1
1500 ONE PPG PLACE
PITTSBURGH, PENNSYLVANIA 15222 412-566-1212 FAX 412-594-5619
Pittsburgh Airport Area · Harrisburg
E-maik tapc@tuckerlaw corn
www.tuckerlaw.com
· Complete items 1~.2, and 3. Also complete ~.
item 4 if Restricted~' DeliverY is desired.
· Pdnt your name and address on the reverse
so that we can return the card to you.
· AttaCh this Card tothe baCk of the mailpieca,
or on the front if sPace-perrnits. '
2. Axticle. Number ' *'~ : r~
PS Form 3811, .August 2001
{1 {{{l{I {{
iI 2. Article Number
~ransfer from serv/ce labe/)
7002 1000
PS Form 3811, August 2001 lc Return Receipt
9736
iN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
No. 03-1359
PRAECIPE TO SATISFY JUDGMENT
Filed on Behalf of Plaintiff,
PNC BANK, NATIONAL ASSOCIATION
Counsel of Record for This Party:
Donna M. Donaher, Esquire
PA i.D. No. 53165
TUCKER ARENSBERG, P.C.
Firm No. 287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff, No. 03-1359
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
PRAECIPE TO SATISFY JUDGMENT
TO: Prothonotary, Cumberland County
Kindly mark the judgment in the above-referenced matter, entered in favor of Plaintiff
and against the Defendants, Curtis E. Bowen and Karen J. Bowen, as satisfied.
Sworn to and subscribed
before me this iq~ day
of c~,O,~,,-P'--,./w, 2003.
N°ta~blic ~)
BANK_FIN:206930-1 000011-111726
Notaria Seal
Melissa Szalkay, Notary Public
C ty of Pittsburgh. Allegheny County
My Commission Expires Oct. 31, 2005~
Mernber, Pennsvlva nih As,~'ciationotNu;~i~
Respectfully submitted,
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
SEP 19 2003
IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff, No. 03-1359
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
ORDER OF COURT
AND NOW, this/--~day of ~ , 2003, the within Motion to Vacate
Judgment is GRANTED. The judgment entered at Docket No. 03-1359 is hereby vacated
without prejudice to PNC Bank, National Association for refiling the judgment on the Warrant of
Attorney.
Moreover, the Defendants, Curtis E. Bowen and Karen J. Bowen, are hereby deemed to
have forever waived as a claim against PNC Bank, National Association or as a defense to an
action by PNC Bank, National Association, exhaustion of the Warrant of Attorney contained in
the Commercial Guaranty dated July 29,
Confession .b.~se~On t~nb/.
Association chose to refile a Complaint in
CONSENTED TO BY: \
Donna M. Donaher
Attorney for PNC Bank, National Association
Eugon~y,~'re
Attorney for Curtis E. Bown and Karen J. Bowen
1999 ("Guaranty") should PNC Bank, National
BANK FIN:206410-1 000011-111726
IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS,
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
No. 03-1359
CONSENTED TO MOTION TO
VACATE JUDGMENT
Filed on Behalf of Plaintiff,
PNC BANK, NATIONAL ASSOCIATION
Counsel of Record for This Party:
Donna M. Donaher, Esquire
PA I.D. No. 53165
TUCKER ARENSBERG, P.C.
Firm No. 287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff, No. 03-1359
VS.
CURTIS E. BOWEN and
KAREN J. BOWEN,
Defendants.
CONSENTED TO MOTION TO VACATE JUDGMENT
AND NOW, comes the Plaintiff, PNC Bank, National Association ("PNC Bank"), by and
through its counsel, Tucker Arensberg, P.C., and files this Consented to Motion to Vacate
Judgment, stating as follows:
1. On March 27, 2003, the Plaintiff filed a Complaint in Confession of Judgment and
thereby obtained a judgment against both Defendants in the amount of $56,782.79.
2. The parties have subsequently reached an agreement pursuant to which the
Defendants have agreed to payoff the remaining balance due and owing to PNC Bank on the
subject obligation after having secured a home equity loan to finance the payoff.
3. Accordingly, PNC Bank has agreed to have vacated the judgment entered in this
instant action.
WHEREFORE, PNC Bank, National Association, requests this Honorable Court to grant
this Motion to Vacate the above-referenced judgment in accordance with the proposed Order of
Court. Respectfully submitted,
TU~KER ARENSBEF~.C.
Donna M. Donaher, Esquire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
Attorney for PNC Bank,
National Association